When a civil lawsuit for damages is predicated on a criminal act, the criminal prosecution can serve as an invaluable resource to the civil case, particularly due to the applicable principle of collateral estoppel.
Also sometimes referred to as issue preclusion, the common law estoppel doctrine prevents a person from litigating an issue more than once. Where the mutual parties and material facts involved are the same as those in the criminal action, it may not be necessary to take the civil case all the way to trial. In fact, our Montgomery personal injury lawyers know that per Ala. Code 15-18-75, a conviction in a criminal trial may necessarily decide the issue of the defendant's liability for pecuniary damages to the victim.
We live in one of a handful of states where legislators were increasingly aware of the burden on victims to relitigate duplicative facts in civil cases. This statute allows for a more efficient means of securing recovery of damages for someone who has already endured a traumatic experience.